Cases: Reasonableness of Fees

Landlord-Tenant, Reasonableness Of Fees, Section 1717: $428,175 Fee Award To Winning Landlord In Tort Condo Damages/Fraud Case Against Tenants Affirmed On Appeal

Cases: Landlord/Tenant, Cases: Reasonableness of Fees, Cases: Section 1717

Residential Security Deposit Scheme Did Not Preempt Tort Fee Award; But Landlord Correctly Reduced Landlord’s Fee Request Of $659,367.56 For Various Reasons             Los Angeles County Superior Court Judge Weingart, sitting by assignment on the 2/1 DCA, has penned a nice decision in Sweeney v. Scully, Case No. B284915 (2d Dist., Div. 1 June 27, […]

Allocation, Reasonableness Of Fees: $45,000 Fee Award To Prevailing Party In Civil Harassment Restraining Order Case Affirmed On Appeal

Cases: Allocation, Cases: Reasonableness of Fees

Neighborhood Squabble Involving Dogs . . . . ARF!             Kinda hard to believe that neighbors can get into such nasty squabbles, but we chalk it up to human nature.  Unfortunately, dogs—which we believe to be great gifts to mankind—often times are at the center of these disputes.             In this one, Thomas v. Olshansky,

Reasonableness Of Fees: Trial Court’s Allowance Of Reduced Lodestar For Individual Cross-Defendant’s Win On Alter Ego Issue Was No Abuse Of Discretion

Cases: Reasonableness of Fees

Simplicity Of Issue And Minimal Time Expended On It Justified The Final Fee Award.             In a commercial lease dispute where the sole owner of landlord was sued as an alter ego via cross-complaint, sole owner won and was awarded $12,250 in fees and $703.23 in costs, but less than he wanted.  Owner appealed to

Reasonableness Of Fees: Trial Court Did Not Abuse Its Discretion In Denying Plaintiff Creditor His Requested Fees Where Debtor Invalidated A “Penalty” Structured Settlement

Cases: Reasonableness of Fees

Creditor Properly Recovered Only $2,500 Out Of A Requested $15,730 In Fees Against Debtor.             In Murphy v. Combat Sports Academy, LLC, Case No. A153937 (1st Dist., Div. 5 May 24, 2019) (unpublished), a plaintiff creditor structured a settlement with defendant debtor by which a stipulated judgment would be entered for $150,000 from a “true”

Allocation, Section 1717, Reasonableness Of Fees: 4/3 DCA Affirms Contractual Fee Award To Prevailing Asserted Alter Ego Defendants To The Tune Of $203,940

Cases: Allocation, Cases: Reasonableness of Fees, Cases: Section 1717

No Apportionment Required Because Alter Ego Claims Were Involved On Both Causes Of Action; Assertion That Hourly Rates Should Be Lower Did Not Rebut Fee Claimant’s Attorney’s Declaration.             In Alvarado v. Freedman, Case No. G055918 (4th Dist., Div. 3 March 28, 2019) (unpublished), plaintiff sued defendants for loan repayment, based on a loan agreement

Allocation, Reasonableness Of Fees: Trial Court Properly Awarded 20% Of Fees Requested By Two Prevailing Plaintiffs In Wage Hour Dispute Where They Had Limited Success

Cases: Allocation, Cases: Reasonableness of Fees

Plaintiffs Recovered $8,500; Sought Fees Of $171,000; Were Awarded Fees Of $37,250.             Lack of success in a case can certainly impact fee recovery to prevailing parties, as Almaguer v. Newland Entities, Inc., Case No. C075662 (3d Dist. March 27, 2019) (unpublished), demonstrates.             There, two plaintiffs partially prevailed on certain labor/wrongful termination claims, but

Assignment, Prevailing Party, Reasonableness of Fees: No Abuse Of Discretion In Awarding Prevailing Defendant $92,155 After Reasonableness Reduction.

Cases: Assignment, Cases: Prevailing Party, Cases: Reasonableness of Fees

It Was Not Necessary For Court To Apportion Fees Between Contract-Based Causes Of Action, Claims Dismissed Before Trial, Defense of Defendant Corporation, and Defense of Corporation’s CEO Because Plaintiff’s Causes Of Action All Stemmed From A Common Factual Core, And All Claims Against CEO Were Also Alleged Against Entity.         In Grant v. AssistMed, Inc.,

Private Attorney General, Reasonableness Of Fees: Trial Judge’s Reduction Of Requested Appellate Fees From $630,000 To $140,000 Was No Abuse Of Discretion, Except For 40% Reduction Based On Calculating In Attorney’s Interest In Financial Recovery

Cases: Private Attorney General (CCP 1021.5), Cases: Reasonableness of Fees

Hourly Rates Were Too High For Sacramento Venue, Laffey Matrix Could Be Used, And Hours Property Reduced For Inflated Request.            In Limon v. Dept. of Finance, Case No. C082501 (3d Dist. Feb. 11, 2019) (unpublished), as it often times does, the likely final fight involved the award of appellate fees to prevailing plaintiffs in

Reasonableness Of Fees, Section 1717: $1,047,313.72 Contractual Fee Recovery To Defendants Was Not Excessive In Long-Running Litigation

Cases: Reasonableness of Fees, Cases: Section 1717

Civil Code Section 1717 Has No “Obligation-To-Pay” Requirement.             Defendants in Legendary Investors Group v. Niemann, Case No. B284736 (2d Dist., Div. 4 Jan. 16, 2019) (unpublished) prevailed in a long-running suit against plaintiff involving commercial loan and guaranty documents. Defendants, as prevailing parties, requested fees of $1,061,208.22, with the lower court awarding $1,047,313.72. Plaintiff

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